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While courts are becoming more accepting of predictive coding as a concept, its use on a given matter is still subject to legal, procedural, technical, and strategic hurdles. As repeated surveys have demonstrated, predictive coding is still rarely used for "predictive coding". The uncertainty and risk associated with the preseent immaturity of predictive coding methodologies have kept this technology largely limited to filtering and QC.

The potential challenges to the use of predictive coding on a given case are both lengthy and substantive. As someone who has worked to encourage the adoption of advanced decision analytics and optimization in other industries, I‘ve found that acknowledging technical and procedural issues and addressing them directly through methodology is the best approach to accelerate its acceptance. To imply that predictive coding is "mainstream" or applicable to cases involving as few as 10,000 documents leads to unsustainable expectations and industry backlash.

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Feb 27, 2014

What exactly are judges becoming "savvy" about? There is no mention of judges sitting with programmers or developers. They are just becoming more accepting. I recently sat in a discussion where a judge described how decisions had been made regarding predictive coding thresholds in one of his cases soley using F1, then one of the statisticians that developed F1 told him they had used it incorrectly. Does that sound like "savvy"?